Calcutta High Court (Appellete Side)
Prakash Dey & Ors vs The Contai Municipality & Ors on 5 June, 2018
Author: Debangsu Basak
Bench: Debangsu Basak
1
05‐06‐2018
S.D.
W.P. 27202 (W) of 2015
Prakash Dey & Ors.
Vs.
The Contai Municipality & Ors.
With
W.P. 3500 (W) of 2016
Koustabh Kanti Maity
Vs.
The State of West Bengal & Ors.
Mr. Bhudeb Chatterjee
....For the Petitioner.
in W.P. 27202 (W) of 2015.
Mr. Anindya Sundar Das
Ms. Sumita Sarkar
....For the Petitioner in
W.P. 3500 (W) of 2016.
Mr. Partha Deb Burman
Mr. Anindya Sundar Das
Ms. Sumita Sarkar
....For the Respondent No. 4. in W.P.
27202 (W) of 2015.
Mr. Sayak Chakraborti ....For the Contai Municipality.
By consent of the parties, both the writ petitions are taken up for analogous hearing. The issues involved in the two writ petitions relate to the same premises.
2Learned Advocate for the writ petitioner in W.P. 27202 (W) of 2015 submits that, the private respondent is guilty of making unauthorized construction.
Learned Advocate appearing on behalf of the writ petitioner in W.P. 3500 (W) of 2016 submits that, the order passed by the Division Bench dated July 15, 2014 in M.A.T. 2008 of 2013 be implemented.
Learned Advocate appearing on behalf of the municipality submits that, the municipality had taken steps in terms of the order dated July 15, 2014 of the Division Bench and had granted the parties an opportunity of hearing.
There subsists an order dated July 15, 2015 passed by the Division Bench directing the municipality to consider the objections submitted by the writ petitioner in W.P. 3500 (W) of 2016 on merits after granting reasonable opportunity of hearing to all interested parties. Apparently, the municipality has afforded hearing to the interested parties.
In such circumstances, in the event the municipality has not granted any hearing, it will proceed to do so in accordance with the order dated July 15, 2014. In the event, it has given hearing and it requires a further hearing, it may do so again strictly in terms of the 3 order dated July 15, 2014. In any of the event, it will proceed to pass a final order and communicate its reasoned order to the parties forthwith thereafter.
It is expected that, the municipality will conclude the entire exercise within a period of four weeks from the date of communication of this order.
W.P. 27202 (W) of 2015 and W.P. 3500 (W) of 2016 are disposed of accordingly without any order as to costs.
Urgent website certified copies of this order, if applied for, be made available to the parties upon compliance of the formalities.
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